United States v. Ken Roy Backas A/K/A James Smith

McKAY, Circuit Judge.

This appeal challenges only the sentence imposed after a plea of guilty to drug distribution charges. After evidentiary hearing, the court concluded that defendant was at “least a supervisor or a manager” and imposed a corresponding enhancement factor pursuant to United States Sentencing Commission, Guidelines Manual, § 3Bl.l(c) (Nov.1989) (“Guide lines”). Record, vol. 3, at 27. Defendant makes a three-fold attack on the application of section 3Bl.l(c) in determining his sentence.

Defendant first challenges the sufficiency of the evidence. Because that issue is primarily…